Bogaards v McMahon [1988] FCA 233

JUDGMENT No, 222y -25_

CATCHWORDS

ESTOPPEL - res judicata - issue estoppel - administrative tribunal decision.

QUASI-JUDICIAL TRIBUNALS - Administrative Appeals Tribunal - estoppel arising from its decisions - binding quality of its

decisions. '

PREROGATIVE WRITS - allegation that administrative tribunal functus officio - whether prohibition available - whether declaration in lieu or in addition.

WORKERS' COMPENSATION - Commonwealth Government employee - relation between determinations of delegate and A.A.T, decisions.

Vv t 1977, s8.5 & 6 1975, 38.43, 44, & 45 Compensation (Commonwealth Government Employees) Act

Judiciary Act 1903, 5.39B Act 1971, ss.20,

24, 25, & 46(2) Federal Court of Australia Act 1976, 8.32

N.8.W. G691 of 1987

PINCUS J. BRISBANE 20 MAY 1988

) N.S.W. G691 of 1987

Applicant

AND: MR B.J, McMAHON SITTING AS SENIOR MEMBER OF THE S_TRIBUN,

First Respondent AND: AU; A

Second Respondent

MINUTES OF ORDER JUDGE MAKING ORDER : PINCUS J. DATE OF ORDER: 20 MAY 1988 WHERE MADE: BRISBANE

1. a writ of prohibition issue directed to Brian John McMahon sitting as a senior member of the Administrative Appeals Tribunal, prohibiting him

from further proceeding in reference N87/899;

2. the respondent, the Commonwealth of Australia, pay the applicant's costs of and incidental to the proceedings to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

) N.S.W. G691 of 1987

RETWEEN: LEENDERT BOGAARDS Applicant

TRIBUNAL

First Respondent AND: OF AUSTRALIA

Second Respondent

Pincus J. 20 MAY 1988

REASONS FOR JUDGMENT

The applicant seeks relief relating to a point which has arisen before the Administrative Appeals Tribunal ("A.A.T."); he claims review of a Tribunal decision under the Administrative Decisions (Judicial Review) Act 1977, relief under s.39B of the Judiciary Act 1903 or an appropriate declaration. The Senior Member filed a submitting appearance; the second respondent will